RULE 6.4 EXHIBITS

(a) Exhibits to Be Left With Clerk. Except as provided in subdivision (b) and subparagraph (c)(3)(B)(iii), all exhibits that have been offered or received in evidence must be retained by the clerk until 180 days after the case file is closed, unless otherwise ordered by the court.

(b) Exhibits too Large for Filing. At the conclusion of a hearing or trial, physical exhibits too large for filing must be represented by at least one photograph as determined by the court, considering any stipulation made by the parties. Any photograph of an exhibit must be marked with the same information as the exhibit. Unless otherwise ordered by the court, the exhibit must be returned to the party who offered the exhibit.

(c) Sensitive Exhibits.

(1) “Sensitive exhibit” means drugs and drug paraphernalia, firearms, dangerous weapons, explosives, money and items having high monetary value, biohazard materials, human bodily fluids or parts, child sexual abuse materials, or any other items designated as sensitive by the court.

(2) Notice. If a party intends to offer a sensitive exhibit into evidence at a hearing or trial, the party must give notice to the court and parties before offering the exhibit.

(3) Safeguards for Sensitive Exhibits.

(A) The party offering a sensitive exhibit must ensure that the exhibit is properly packaged before being brought into the courtroom.

(i) Sensitive exhibits containing bodily fluids or hazardous materials must be clearly identified, marked with hazard warning labels, and sealed to safeguard against exposure.

(ii) Firearms must have all ammunition removed and must be secured with a trigger guard lock or otherwise placed in a condition that will not allow the trigger to operate.

(iii) Dangerous weapons and explosives must be secured in a locked storage container or in a manner which prohibits ready access to the item.

(B) A court receiving a sensitive exhibit into evidence must implement safeguards.

(i) Sensitive exhibits retained by the court must be locked and secured when unattended by court personnel.

(ii) Sensitive exhibits may be sent into the jury room only as ordered by the court.

(iii) The court may order retention of a sensitive exhibit or return of a sensitive exhibit to law enforcement or a party. The order must provide directions for preservation, retention, and return of the exhibit. An order directing return of a sensitive exhibit following trial must require retention at least until 180 days after the case file is closed, unless otherwise ordered by the court. The order must specify requirements to supplement the record by photographing or video recording the sensitive exhibit in connection with retention or return.

(d) Return of Exhibits. Except as provided in subdivision (b) and subparagraph (c)(3)(B)(iii), a party seeking return of exhibits must file a document return request form as provided under N.D.Sup.Ct.Admin.O. 19 (Scanned Documents; Document Return).